RESULTS

Drug Trafficking / Adjourned undertaking (good behaviour bond) with conviction (Jail Avoided)

Case: Good behaviour bond for drug trafficking & proceeds of crime charges following statewide investigation into trafficking cannabis.

Our client’s house was raided following AusPost intercepting an express post parcel containing 112 grams of Cannabis which was surrendered to Queensland Police for further investigation. Forensic analysis conducted revealed 5 fingerprints belonging to our client. Search warrants were conducted at our client’s residential premises and police located over 5 kilograms of dried cannabis, 15 grams of amphetamine & $106,25.00 in cash including sophisticated hydroponic equipment. Our client was not cooperative and made a no comment interview. Our client was on bail for other matters at the time and was released on strict bail conditions following a successful application for bail by our defence solicitor. 

Charges/ Ch1 (drug trafficking); Ch2, 4, 5, 6 (drug possession); Ch3 (drug use); Ch7, 8, 9 (Deal with property suspected to be proceeds of crime); Ch10 (possess proceeds of crime).

Result/ Ch1, 3, 9: withdrawn;  Ch2, 4, 5, 6, 7, 8, 9: Good Behaviour Bond with Conviction & Fine of $1,700

Our lawyer negotiated with police to drop the most serious drug trafficking charges as the selling was not protracted and there was a lack of evidence in the prosecution case. Our client would have certainly been jailed if the charges were not succesfully negotiated. Our client complied with strict conditions of bail and was able to present the necessary plea material to convince a Magistrate that a $1,700 fine with conviction in addition to a 12 month good behaviour bond was appropriate. Our client was aged in his early twenty’s with an extensive criminal history.

Dangerous Driving Causing Serious Injury / Jail Avoided

Case:  Jail Avoided from serious accident Riding motorbike without helmets.

Our client caught up with friends drinking just after the Covid-19 lockdowns. He and his partner got on a motorbike without helmets and along the ride lost control of the motorbike. Both our client and his partner sustained serious injuries.

Charges/ Ch1 (Negligently cause serious injury); Ch2 (dangerous driving causing serious injury); Ch3 (dangerous driving); Ch4, 5 (drink driving); Ch6 (riding a motorbike without a helmet)

Result/ Ch1, 3, 4: withdrawn; Plea Guilty Ch2, 5, 6

Our client was at risk of jail and our lawyer negotiated that the most serious charge (charge 1) not be proceeded with. Our client compiled good character references and a psych report that showed that he had PTSD and lives constantly with the guilty of nearly killing his partner. He had no prior history for speeding or drink driving. The prosecutor and defence both recommended a Community Corrections Order and the Magistrate agreed.

Unlawful Assault / Withdrawn

Case: Escaping conviction for cultivating cannabis.

Our client rented a house as a party house and later allowed it to be used for another person to cultivate cannabis. Police found no cannabis at our client’s home but seized $20,000 suspected to be proceeds of crime.

Charges/ Ch1 (Cultivate Cannabis); Ch2 (Theft of Electricity); Ch3 (Negligently Deal with Proceeds of Criminal); Ch4 (Deal with property suspected to be proceeds of crime); Ch5 (possess Cannabis)

Result/ withdrawn: Ch2, 3, 5; Plea Ch1, 4 (reduced sum): Fine without Conviction 

Our client was adamant that he was not responsible for the cannabis cultivation although he was aware of the activity in the house. The money seized at his house was from a loan and we obtained a defence witness letter from the lender. We negotiated with the Office of Public Prosecutions to amend the summary that acknowledged that our client had a minimal role in the cultivation and that he had an explanation as to at least $18,000 of the cash seized. Given the minimal role and lack of prior criminal history, the Judge took a lenient approach to sentencing. The client will also have his $18,000 returned to him.

Recklessly Cause Injury / Withdrawn

Case: Charges withdrawn Incident with Ex Father-In-Law.

Our client was in a relationship with girl from a different ethnic community. Her father did not like the relationship and forbid her from seeing our client. He would also send abusive text messages to our client’s mother. An incident occurred where the father asked our client over to their house. His mum gave him a lift in her car and waited outside. An incident occurred where the father alleges our client punched him in the shoulder causing a fracture, however our client’s mother heard the commotion and saw the father wrestling her son on the floor pulling his hair. Our client attended the police station and they charged him rather than the father.

Charges/ Ch1 (Recklessly Cause Injury); Ch2 (Unlawful Assault); Ch3 (Common Law Assault)

Result/ All charges withdrawn

Our lawyer argued that the punch to the shoulder (which was denied) could not have caused the injury alleged. We obtained the threatening text messages from our client’s mother, as well as a defence witness statement from her as to what she saw. The prosecutor offered to withdraw the charges. This case is an example of the disturbing way police conduct themselves in charging victims of an assault as the perpetrator and allowing perpetrators to go unpunished. 

Cultivate Cannabis / Fine, Without Conviction

Case: Escaping conviction for cultivating cannabis.

Our client rented a house as a party house and later allowed it to be used for another person to cultivate cannabis. Police found no cannabis at our client’s home but seized $20,000 suspected to be proceeds of crime.

Charges/ Ch1 (Cultivate Cannabis); Ch2 (Theft of Electricity); Ch3 (Negligently Deal with Proceeds of Criminal); Ch4 (Deal with property suspected to be proceeds of crime); Ch5 (possess Cannabis)

Result/ withdrawn: Ch2, 3, 5; Plea Ch1, 4 (reduced sum): Fine without Conviction 

Our client was adamant that he was not responsible for the cannabis cultivation although he was aware of the activity in the house. The money seized at his house was from a loan and we obtained a defence witness letter from the lender. We negotiated with the Office of Public Prosecutions to amend the summary that acknowledged that our client had a minimal role in the cultivation and that he had an explanation as to at least $18,000 of the cash seized. Given the minimal role and lack of prior criminal history, the Judge took a lenient approach to sentencing. The client will also have his $18,000 returned to him.

Recklessly Cause Injury / Withdrawn

Case: Withdrawal of charges for family violence incident.

Our client and his partner had an argument that led to a physical altercation. The partner called police to defuse the situation. The partner felt misled by police into making a statement under the belief that no charges would ensue. 

Charges/ Ch1 (Recklessly Cause Injury); Ch2 (Assault); Ch3 (Throw a missile)

Result/ All charges withdrawn

Our client’s partner did not want our client charged and made a statement of no complaint. The partner made her original statement in a highly agitated state and omitted important information that raised a defence to our client that he acted in self defence. Police withdrew the charges as it could not be proven beyond reasonable doubt that our client committed the offences.

Recklessly Cause Injury / Withdrawn

Case: Withdrawal of charges from father’s revenge attack.

Our client was young in a relationship with a girl from a different cultural background. Her father was abusive to our client’s family and did not like his daughter being in the relationship. The father lured our client to his home on the pretence to “discuss” his concerns about the relationship. The father attacked our client leaving head injuries. Our client’s mum was a witness and reported the incident to police. The father also made a complaint and police decided to charge our client claiming that our client fractured his shoulder.

Charges/ Ch1 (Recklessly Cause Injury); Ch2 (Assault); Ch3 (Assault)

Result/ All charges withdrawn

We obtained a defence witness statement from our client’s mum, as well as threatening SMS messages from the girl’s father to our client’s family and brought this to the attention of prosecutors. We made submissions that the shoulder injury could not have been caused as the girl’s father alleged and was instead caused by the girl’s father wrestling our client to the ground. The police agreed to withdraw the charges and our client is now considering a personal injury claim against the girl’s father.

Unlawful Assault & Criminal Damage / Withdrawn

Case: Withdrawal of charges for family violence incident.

Our client’s partner had mental health issues. She alleged our client kicked open a door that damaged a wall and pushed her over. Our client denied that he assaulted or caused any damage. He explained in his police interview that the wall was already damaged and that he didn’t touch his partner.

Charges/ Ch1 (unlawful assault); Ch2 (criminal damage)

Result/ All charges withdrawn

Our client’s partner did not want our client charged and made a statement of no complaint. Our lawyer negotiated with police to have the charges withdrawn after a case review and lack of evidence against our client. Our client was applying for Permanent Residency which would have been affected if the charges were not withdrawn.

Elder Abuse / Settled During Trial

Case: Lease dispute in the context of elder abuse.

Our client is elderly and owned a substantial property. She misguidedly granted a lease over her land for peppercorn rent to her adult child to assist her in a joint venture to grow vines. Her child used their rights under the lease to gain advantage from our client. There were instances of family violence that led our client to abandon her property. She wanted to terminate the lease have remove her daughter from her property.

Action/ Breach of lease

Result/ Lease terminated and settled during trial

We reviewed the lease and sent breach notices to the defendant, some of which were not remedied and a termination notice was served. The defendant refused to vacate the property. Our client initiated action in the District Court to have the lease declared terminated. During trial, the judge made comments that were consistent with our client’s position. The defendant made contact to settle the case and an agreement reached that included acknowledgment that the lease was terminated.

Recklessly Cause Injury & Assault / Diversion

Case: Charged after acting in Self-Defence.

Our client attended a friend’s birthday party at a pub. One of the attendees was drunk and assaulting girls at the party touching them and trying to kiss them. One of the girls was our client’s girlfriend and our client had a verbal argument with the offender who was ejected from the venue. The offender returned later and lunged at our client who then acted in self-defence by kicking and punching the offender. Our client was charged.

Charges/ Ch1 (recklessly cause injury); Ch2 (unlawful assault); Ch3 (unlawful assault)

Result/ Ch1, 2: withdrawn; Ch3: Diversion granted

Our client was on a student visa and if he was convicted it would have affected his application for permanent residency. Initially Legal Aid had carriage of our client’s file and Diversion was refused. Our lawyer successfully negotiated with the prosecutor to withdraw the most serious charges and made new submissions for Diversion which was then granted by a magistrate.